DAV18476 115TH CONGRESS 2D SESSION S.L.C. S. J. RES. ll To authorize the use of military force against the Taliban, al Qaeda, the Islamic State in Iraq and Syria, and designated associated forces, and to provide an updated, transparent, and sustainable statutory basis for counterterrorism operations. IN THE SENATE OF THE UNITED STATES llllllllll Mr. CORKER (for himself, Mr. KAINE, Mr. FLAKE, Mr. COONS, Mr. YOUNG, and Mr. NELSON) introduced the following joint resolution; which was read twice and referred to the Committee on llllllllll JOINT RESOLUTION To authorize the use of military force against the Taliban, al Qaeda, the Islamic State in Iraq and Syria, and designated associated forces, and to provide an updated, transparent, and sustainable statutory basis for counterterrorism operations. Whereas, since the enactment of the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) in response to the attacks of September 11, 2001, the nature of the ongoing armed conflict against al Qaeda, the Taliban, and associated forces has evolved to include numerous non-state terrorist groups, including the Islamic State in Iraq and Syria (ISIS), that pose a grave threat to the United States; DAV18476 S.L.C. 2 Whereas it is appropriate for Congress to reaffirm the domestic legal basis for this ongoing conflict and the commitment of the political branches to victory, and to reassert the role of Congress in authorizing and conducting oversight of the use of military force; and Whereas Congress supports the ultimate goal of the Administration’s South Asia strategy, including a political settlement between the government of Afghanistan and the Taliban that rejects terrorism, protects United States national interests, is in accordance with the Afghan constitution, and defends the rights of women and girls: Now, therefore, be it 1 Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE. This joint resolution may be cited as the ‘‘Authoriza- 5 tion for Use of Military Force of 2018’’. 6 SEC. 2. PURPOSE. 7 The purposes of this joint resolution are as follows: 8 (1) To reaffirm that Congress, the President, 9 and the American people stand united in their re- 10 solve to defeat the Taliban, al Qaeda, ISIS, and des- 11 ignated associated forces, and to express support for 12 the United States Armed Forces and other United 13 States personnel in this continuing armed conflict. 14 (2) To replace the Authorization for Use of 15 Military Force (Public Law 107–40; 50 U.S.C. 1541 16 note) with an updated authorization that— DAV18476 S.L.C. 3 1 (A) provides uninterrupted authority to 2 use all necessary and appropriate force in the 3 current and continuing armed conflict against 4 the Taliban, al Qaeda, ISIS, and associated 5 forces; 6 7 (B) establishes rigorous congressional oversight and improves transparency; and 8 (C) provides for regular congressional re- 9 view and debate of the authorization provided 10 by this joint resolution. 11 (3) To repeal the Authorization for Use of Mili- 12 tary Force Against Iraq Resolution of 2002 (Public 13 Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 14 note). 15 16 17 SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES. (a) IN GENERAL.—The President is authorized to 18 use all necessary and appropriate force against— 19 20 21 (1) the Taliban, al Qaeda, and the Islamic State in Iraq and Syria (ISIS); and (2) associated forces designated pursuant to 22 section 5. 23 (b) WAR POWERS RESOLUTION.— 24 25 (1) SPECIFIC STATUTORY AUTHORIZATION.— Consistent with section 8(a)(1) of the War Powers DAV18476 S.L.C. 4 1 Resolution (50 U.S.C. 1547(a)(1)), Congress de- 2 clares that this section is intended to constitute spe- 3 cific statutory authorization within the meaning of 4 section 5(b) of the War Powers Resolution (50 5 U.S.C. 1544(b)). 6 (2) APPLICABILITY OF OTHER REQUIRE- 7 MENTS.—Nothing 8 requirement of the War Powers Resolution (50 9 U.S.C. 1541 et seq.). 10 SEC. 4. QUADRENNIAL REVIEW OF THE AUTHORIZATION 11 12 in this resolution supersedes any FOR USE OF MILITARY FORCE. (a) PRESIDENTIAL SUBMISSION.—On January 20, 13 2022, and again every 4 years thereafter, the President 14 shall submit to Congress a report regarding the use of 15 military force pursuant to this joint resolution, which shall 16 include a proposal to repeal, modify, or leave in place this 17 joint resolution. 18 19 (b) EXPEDITED ATION.—During CONGRESSIONAL RECONSIDER- the 60-calendar day period beginning on 20 January 20, 2022, and again every 4 years thereafter, a 21 qualifying resolution to repeal or modify this joint resolu22 tion shall be entitled to expedited consideration pursuant 23 to section 9 of this joint resolution. 24 25 SEC. 5. CONGRESSIONAL OVERSIGHT. (a) ASSOCIATED FORCES.— DAV18476 S.L.C. 5 1 (1) EXISTING ASSOCIATED FORCES.—The fol- 2 lowing organizations, persons, or forces are des- 3 ignated associated forces covered by the authoriza- 4 tion for use of military force provided by section 5 3(a) of this joint resolution: 6 (A) Al Qaeda in the Arabian Peninsula. 7 (B) Al Shabaab. 8 (C) Al Qaeda in Syria (including Al 9 Nusrah Front). 10 (D) The Haqqani Network. 11 (E) Al Qaeda in the Islamic Mahgreb 12 (AQIM). 13 (2) DESIGNATION.—Not later than 30 calendar 14 days after the date of the enactment of this joint 15 resolution, the President shall designate all organiza- 16 tions, persons, or forces other than those listed in 17 paragraph (1) that the President has determined are 18 associated forces covered by the authorization for 19 use of military force provided by section 3(a) of this 20 joint resolution by submitting to the appropriate 21 congressional committees and leadership a report 22 listing all such associated forces. 23 (3) NEW ASSOCIATED FORCE.—Not later than 24 48 hours after the President determines that a new 25 organization, person, or force is an associated force DAV18476 S.L.C. 6 1 covered by the authorization for use of military force 2 provided by section 3(a) of this joint resolution, the 3 President shall designate such organization, person, 4 or force as an associated force by submitting a re- 5 port to the appropriate congressional committees 6 and leadership. 7 (4) REPORT.—Each report required by para- 8 graph (2) or (3) shall contain detailed information 9 providing the basis for the designation of each asso- 10 ciated force, including classified information relating 11 thereto. 12 (5) CONGRESSIONAL REVIEW.—During the 60- 13 calendar day period following the submission of any 14 report pursuant to this subsection that designates a 15 new organization, person, or force as an associated 16 force (other than the associated forces identified in 17 paragraph (1)), a qualifying resolution to amend this 18 joint resolution to remove the authorization to use 19 military force against such associated force shall be 20 entitled to expedited procedures pursuant to section 21 9 of this joint resolution. 22 (b) GEOGRAPHY.— 23 24 25 (1) IN GENERAL.— (A) INITIAL LIST.—Not later than 30 cal- endar days after the date of the enactment of DAV18476 S.L.C. 7 1 this joint resolution, the President shall submit 2 to the appropriate congressional committees 3 and leadership a report detailing all foreign 4 countries in which the United States is using 5 military force pursuant to this joint resolution, 6 including a detailed description of the military 7 objectives and the organizations, persons, or 8 forces targeted. 9 (B) NEW FOREIGN COUNTRIES.—Not later 10 than 48 hours after the use of military force in 11 a new foreign country pursuant to this joint 12 resolution, the President shall submit an up- 13 dated report required by this paragraph and 14 consult with the appropriate congressional com- 15 mittees and leadership. Authorization for use of 16 military force pursuant to this joint resolution 17 in a new foreign country is contingent upon the 18 reporting to Congress pursuant to this para- 19 graph. 20 (C) NEW FOREIGN COUNTRY DEFINED.— 21 In this resolution, the term ‘‘new foreign coun- 22 try’’ means a foreign country other than Af- 23 ghanistan, Iraq, Syria, Somalia, Yemen, or 24 Libya not previously reported to Congress pur- 25 suant to this paragraph. DAV18476 S.L.C. 8 1 (2) CONGRESSIONAL REVIEW.—During the 60- 2 calendar day period following the submission of any 3 report pursuant to this subsection that identifies a 4 new foreign country in which the United States is 5 using military force pursuant to this joint resolution, 6 a qualifying resolution to amend this joint resolution 7 to remove the authorization to use military force in 8 such foreign country shall be entitled to expedited 9 procedures pursuant to section 9 of this joint resolu- 10 tion. 11 (c) FORM OF REPORTS.—The reports required by 12 this section may be submitted in a consolidated report, 13 as appropriate, and shall be provided in unclassified form 14 but may include a classified annex. 15 SEC. 6. REPEAL OF 2001 AUTHORIZATION FOR USE OF MILI- 16 TARY FORCE AND UNINTERRUPTED AUTHOR- 17 ITY. 18 (a) REPEAL.—The Authorization for Use of Military 19 Force (Public Law 107–40; 115 Stat. 224; 50 U.S.C. 20 1541 note) is hereby repealed, effective 120 calendar days 21 after the date of the enactment of this joint resolution. 22 (b) UNINTERRUPTED AUTHORITY.—This joint reso- 23 lution provides uninterrupted authority for ongoing mili24 tary operations conducted pursuant to the Authorization 25 for Use of Military Force (Public Law 107–40; 115 Stat. DAV18476 S.L.C. 9 1 224; 50 U.S.C. 1541 note) as of the date of the enactment 2 of this joint resolution. Subsection (a) shall not be con3 strued otherwise. 4 5 6 SEC. 7. REPEAL OF 2002 AUTHORIZATION FOR USE OF MILITARY FORCE. The Authorization for Use of Military Force Against 7 Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 8 1498; 50 U.S.C. 1541 note) is hereby repealed, effective 9 120 calendar days after the date of the enactment of this 10 joint resolution. 11 12 13 14 SEC. 8. DEFINITIONS. In this joint resolution— (1) the term ‘‘appropriate congressional committees and leadership’’ means— 15 (A) the Committee on Foreign Relations, 16 the Committee on Armed Services, the Select 17 Committee on Intelligence, and the Committee 18 on Appropriations of the Senate; 19 20 (B) the Majority and Minority Leaders of the Senate; 21 (C) the Committee on Foreign Affairs, the 22 Committee on Armed Services, the Permanent 23 Select Committee on Intelligence, and the Com- 24 mittee on Appropriations of the House of Rep- 25 resentatives; and DAV18476 S.L.C. 10 1 (D) the Speaker, the Majority Leader, and 2 the Minority Leader of the House of Represent- 3 atives; 4 (2) the term ‘‘associated forces’’ means any or- 5 ganization, person, or force, other than a sovereign 6 nation, that the President determines has entered 7 the fight alongside and is a co-belligerent with al 8 Qaeda, the Taliban, or ISIS, in hostilities against 9 the United States or its coalition partners, or that 10 has been a part of al Qaeda, the Taliban, ISIS, or 11 an associated force designated pursuant to this au- 12 thorization and is engaged in hostilities against the 13 United States or its coalition partners; and 14 (3) the term ‘‘coalition partner’’ has the mean- 15 ing given that term in section 948a of title 10, 16 United States Code, and for the purposes of such 17 definition the ‘‘hostilities engaged in by the United 18 States’’ are hostilities against al Qaeda, the Taliban, 19 ISIS, or an associated force designated pursuant to 20 this authorization. 21 22 23 SEC. 9. EXPEDITED PROCEDURES. (a) PERIOD FOR REVIEW BY CONGRESS.— (1) IN GENERAL.—The expedited procedures 24 provided by this section shall be available for the fol- 25 lowing joint resolutions: DAV18476 S.L.C. 11 1 (A) QUADRENNIAL RECONSIDERATION.—A 2 joint resolution that is described in subsection 3 (b)(1)(A), during the 60-calendar day period 4 after the date on which expedited congressional 5 reconsideration begins pursuant to section 4(b). 6 (B) REMOVAL OF A NEW ASSOCIATED 7 FORCE.—A 8 subsection (b)(1)(B), during the 60-calendar 9 day period after the date on which the Presi- 10 dent designates a new organization, person, or 11 force as an associated force by submitting to 12 the appropriate congressional committees and 13 leadership a report required under section 5(a). 14 joint resolution that is described in (C) REMOVAL OF A NEW FOREIGN COUN- 15 TRY.—A 16 subsection (b)(1)(C), during the 60-calendar 17 day period after the date on which the Presi- 18 dent notifies the appropriate congressional com- 19 mittees and leadership in a report required by 20 section 5(b)(1) that the United States is using 21 military force in a new foreign country pursu- 22 ant to this joint resolution. 23 joint resolution that is described in (b) QUALIFYING RESOLUTION.— DAV18476 S.L.C. 12 1 (1) QUALIFYING RESOLUTION.—In this joint 2 resolution, the term ‘‘qualifying resolution’’ means 3 only a joint resolution of either House of Congress— 4 (A) to repeal or modify this joint resolu- 5 tion — 6 (i) the title of which is as follows: ‘‘A 7 joint resolution relating to the Authoriza- 8 tion for Use of Military Force of 2018.’’; 9 (ii) the sole matter after the resolving 10 clause of which is the following: ‘‘(a) The 11 Authorization for Use of Military Force of 12 2018 is hereby lllll.’’, with the 13 blank space being filled in with the words 14 ‘‘repealed’’ or ‘‘modified as provided in 15 subsection (b)’’; 16 (iii) the matter in subsection (b), if 17 applicable, is ‘‘(b) MODIFICATION 18 AUTHORIZATION 19 FORCE 20 blank space being filled in with any modi- 21 fications to the Authorization for Use of 22 Military Force of 2018 that are relevant to 23 such authorization; and OF FOR USE OF TO THE MILITARY 2018.—llll’’, with the 24 (iv) that is introduced during the 30- 25 calendar day period following each date on DAV18476 S.L.C. 13 1 which expedited congressional reconsider- 2 ation begins pursuant to section 4(b); 3 (B) to amend this joint resolution to re- 4 move the authorization to use military force 5 against an associated force designated by the 6 President pursuant to this joint resolution— 7 (i) the title of which is as follows: ‘‘A 8 joint resolution to remove the authorization 9 for use of military force against an associ- 10 ated force provided by the Authorization 11 for Use of Military Force of 2018.’’; 12 (ii) that does not have a preamble; 13 (iii) the sole matter after the resolving 14 clause of which is the following: ‘‘The Au- 15 thorization for Use of Military Force of 16 2018 is hereby amended by adding at the 17 end: ‘As of the date of enactment of 18 llll, this joint resolution shall not 19 authorize the use of military force against 20 llll.’.’’, with the first blank space 21 being filled in with the title of the quali- 22 fying resolution and the second blank 23 space being filled in with the name of the 24 associated force; and DAV18476 S.L.C. 14 1 (iv) that is introduced during the 30- 2 calendar day period after the date on 3 which the President designates such new 4 associated force by submitting to the ap- 5 propriate congressional committees and 6 leadership a report required by section 7 5(a); or 8 (C) to amend this joint resolution to re- 9 move the authorization to use military force in 10 a new foreign country pursuant to this joint 11 resolution — 12 (i) the title of which is as follows: ‘‘A 13 joint resolution to remove the authorization 14 for use of military force in a foreign coun- 15 try provided by the Authorization for Use 16 of Military Force of 2018.’’; 17 18 (ii) that does not have a preamble; and 19 (iii) the sole matter after the resolving 20 clause of which is the following: ‘‘The Au- 21 thorization for Use of Military Force of 22 2018 is hereby amended by adding at the 23 end: ‘As of the date of enactment of 24 llll this joint resolution shall not au- 25 thorize the use of military force in DAV18476 S.L.C. 15 1 llll.’.’’, with the first blank space 2 being filled in with the title of the quali- 3 fying resolution and the second blank 4 space being filled in with the name of the 5 foreign country; and 6 (iv) that is introduced during the 30- 7 calendar day period after the date on 8 which the President notifies the appro- 9 priate congressional committees and lead- 10 ership in a report required by section 11 5(b)(1) of this joint resolution that the 12 United States is using military force in 13 such new foreign country pursuant to this 14 joint resolution. 15 (2) AMENDMENTS.—(A) A qualifying resolution 16 described in paragraph (1)(A) shall be subject only 17 to relevant amendment. 18 (B) No amendments shall be received to a 19 qualifying resolution described in subparagraph (B) 20 or (C) of paragraph (1). 21 (3) FLOOR 22 RESENTATIVES.—If 23 Representatives to which a qualifying resolution has 24 been referred has not reported any qualifying resolu- 25 tion within 10 calendar days after the expiration of CONSIDERATION IN HOUSE OF REP- a committee of the House of DAV18476 S.L.C. 16 1 the applicable 30-calendar day period for introduc- 2 tion of the qualifying resolution, that committee 3 shall be discharged from further consideration of 4 any qualifying resolution and any qualifying resolu- 5 tion shall be placed on the appropriate calendar. 6 7 (4) CONSIDERATION IN THE SENATE.— (A) COMMITTEE REFERRAL.—A qualifying 8 resolution introduced in the Senate shall be re- 9 ferred to the Committee on Foreign Relations. 10 (B) REPORTING AND DISCHARGE.—If the 11 Committee on Foreign Relations has not re- 12 ported any qualifying resolution within 10 cal- 13 endar days after the expiration of the applicable 14 30-calendar day period for introduction of the 15 qualifying resolution, the committee shall be 16 discharged from consideration of any qualifying 17 resolution introduced during the applicable 30- 18 calendar day period and any such resolution 19 shall be placed on the calendar. 20 (C) PROCEEDING TO CONSIDERATION.— 21 Notwithstanding Rule XXII of the Standing 22 Rules of the Senate, it is in order at any time 23 during the applicable period for review provided 24 by subsection (a), after the Committee on For- 25 eign Relations of the Senate reports a quali- DAV18476 S.L.C. 17 1 fying resolution to the Senate or has been dis- 2 charged from consideration of such a qualifying 3 resolution, to move to proceed to the consider- 4 ation of the qualifying resolution, except that 5 no motion to proceed shall be in order after one 6 motion to proceed to a qualifying resolution has 7 been disposed of with respect to the same new 8 associated force or the same new foreign coun- 9 try, or, in the case of a qualifying resolution de- 10 scribed in subsection (b)(1)(A), after one mo- 11 tion to proceed to such a qualifying resolution 12 has been disposed of. Consideration of the mo- 13 tion to proceed shall be limited to not more 14 than 8 hours equally divided between the major- 15 ity leader and the minority leader or their des- 16 ignees. The motion to consider is not subject to 17 a motion to postpone. A motion to reconsider 18 the vote by which the motion is agreed to or 19 disagreed to shall not be in order. All points of 20 order against the qualifying resolution are 21 waived. If, after one motion to proceed to a 22 qualifying resolution has been disposed of, any 23 qualifying resolution regarding the same new 24 associated force or the same new foreign coun- 25 try remains on the calendar, a motion to pro- DAV18476 S.L.C. 18 1 ceed to consider such resolution shall not be in 2 order for the remainder of the Congress. If, 3 after one motion to proceed to a qualifying res- 4 olution identified in subsection (b)(1)(A) has 5 been disposed of, any qualifying resolution re- 6 mains on the calendar, a motion to proceed to 7 consider such resolution shall not be in order 8 for the remainder of the Congress. 9 (D) CONSIDERATION OF VETO MES- 10 SAGES.—Debate 11 sage with respect to a qualifying resolution, in- 12 cluding all debatable motions and appeals in 13 connection with the joint resolution, shall be 14 limited to 10 hours, to be equally divided be- 15 tween, and controlled by, the majority leader 16 and the minority leader or their designees. 17 (5) RULES 18 AND SENATE.—This 19 gress— in the Senate of any veto mes- OF HOUSE OF REPRESENTATIVES section is enacted by Con- 20 (A) as an exercise of the rulemaking power 21 of the Senate and the House of Representa- 22 tives, respectively, and as such is deemed a part 23 of the rules of each House, respectively, but ap- 24 plicable only with respect to the procedure to be 25 followed in that House in the case of a quali- DAV18476 S.L.C. 19 1 fying resolution, and supersedes other rules 2 only to the extent that it is inconsistent with 3 such rules; and 4 (B) with full recognition of the constitu- 5 tional right of either House to change the rules 6 (so far as relating to the procedure of that 7 House) at any time, in the same manner, and 8 to the same extent as in the case of any other 9 rule of that House. 10 11 SEC. 10. CONFORMING AMENDMENT. Section 1021 of the National Defense Authorization 12 Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 13 801 note) is amended— 14 (1) in subsection (a), by inserting ‘‘and the Au- 15 thorization for Use of Military Force of 2018’’ after 16 ‘‘the Authorization for Use of Military Force (Public 17 Law 107–40; 50 U.S.C. 1541 note)’’; 18 (2) in subsection (b)(2), by inserting ‘‘, the Is- 19 lamic State in Iraq and Syria (ISIS),’’ after ‘‘the 20 Taliban’’; and 21 (3) in subsection (c)(1), by inserting ‘‘or the 22 Authorization for Use of Military Force of 2018’’ 23 after ‘‘the Authorization for Use of Military Force’’. DAV18476 S.L.C. 20 1 2 SEC. 11. SEVERABILITY. If any provision of this joint resolution, or the appli- 3 cation of any provision to any person or circumstance, is 4 held to be unconstitutional, the remainder of this joint res5 olution, and the application of the provisions of this joint 6 resolution to any person or circumstance, shall not be af7 fected.